Vivato was granted a rare exception in terms of their certification based on
the theory that their base stations antennas apply some intelligence in
terms of their directionality toward the specific CPE being talked to. I can
also tell you that the exception has no logical scientific rational, in that
the same thing can be achieved mechanically and even then in no way reduces
the levels of emissions into the cell (which was partly behind the intial
rules in the first place).

The FCC was trying to spur innovation and stretch the boundaries, but they
also know they are on shaky legal grounds here. I know this from direct
meeting with top level folks there. One such meeting was jointly attended
with Vivato and WCA LEA's legal counsel. The FCC know they could very likely
lose a legal battle should a competing vendor decide to confront the issue.
None wish to do so as far as I know though, since partly because vendors
appreciate the FCC's attempts to be forward thinking and partly because the
has issued the NPRM (comments recently closed) that suggests amendments to
these rules (like allowing more power in areas where the noise floor is
below certain thresholds or more power when sectorization is used). This
NPRM is in part a direct result of their own internal discomfort with their
own granted exceptions (Navini was also given one).

I hope this helps you to understand this seeming dichotmy.

Regards,

Patrick Leary
Alvarion

-----Original Message-----
From: Ivan Bojer [mailto:[EMAIL PROTECTED]
Sent: Friday, January 30, 2004 11:21 AM
To: Wireless
Subject: [BAWUG] Vivato and FCC part 15


Can anyone explain how is this device FCC compliant 
and at the same time has 25W (44dBm) of EIRP (look at the spec)?!
I though 36dBm is the max ?!

http://www.vivato.net/download/SwitchDataSheetFinalV4.pdf

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